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HomeMy WebLinkAbout1975-05-28 211 AC RESOLVEf11 Introduced by Councilor Soucy, May ze, 1975 CITY OF BANGOR (TIRE.)Q$djUCi.._.e�a1�.Complianee_with.Separtment of .C®merne Regulations under Title VI of the Civil, agate Act of 1964 By CMP C of the CON of Busses: RESOLVED, THAT, the City of Bangor wishes to make application for Federal Assistance under Title % of the Jobe Opportunity program; and WHIREAS, 24 CFR Pert 8 requires that certain assurances be given by the City of Bangor with regard to Title VI of the Civil Rights Act of 1964. NOW THIJUTURE BE IT RESOLVED, by the City Council of the City of Bator that Us City of Bangor will warrant, covenant, agree, chance and undertake as a recipient of Federal financial assistance from the Economic Development Adminis- tration fortheBase Park Improvement Project, and will comply with Title VI of the Civil Rights Ant of 1964 (public Lew 88-352), and with the requirements imposed by or pursuant to regulations issued for the Department of Commerce and designated as Part 8 of Sob Title A of Title 15 of the Code of Federal Regulations, to the and that no person in the United States shall on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under ars program or activity for Which Ne City of Bangor receives financial assistance from EDA; and hereby further gives assurance that it will immediately take any measures necessary to effectuate this agreeemant. In accordance with such assurances and without limiting the above, the City of Rampor agrees: 1. Tint it will act engage in the discrimination prohibited in Section 8.6 (a) of the Department's Regulations as applicable to its program, and in any prohibited ant or course of conduct with respect thereto as further described in Section 8.4 of the Department's Regulations. 2. That as to employment practices it will tube the actions specified in Section 8.5 (b) (2) of the Department's Regulations. 3. That it recognizes its obligation for compliance with Title VI of the Regulations extends not only to its direct activitles but also in accord with Section 8.5.(b) (4) of said Regulations to secure that, where'applica- ble, the contractors, subcontractors, suppliers, lessees, and other parties 'directly participating in the City of Bangor's project will c®ply with Title VI of the Regulations with respect to such project. To that end, IN CITY COUNCIL ' May 26, 1975 Passed. aa CITY C= - 211 dcp nesoe ve Assuming compliance with Deoa[tment of commseLCe Regulations UMe[ Title V1 of the Civil Rights Act of 1964. RECEIVED 1975 MAI 22 PM 2:54 CITY CLERN'S OFFICE 7*Y OF QI001?. MAINE 2 the City of Bangor agrees; (a) that it will obtain as part of its Con- tractuAl arrangements with such parties, as a minimum form of assurance, their Agreement in writing that each parties, their assignees and emceee- "daring and in connection with the associated agreement relating to the Federally assisted program, (i) will comply, to the extent applicable s contractors, subcontractors, lessees, suppliers, or in any other capacity, with the applicable provisions of the Regulations of the United States Department of Commerce ( Part 8 of Subtitle A of Title 15 of the Code of Federal Regulations) issued pursuant to Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and will not thereby discriminate Against Any person on the ground of race, color, o national origin in their employment practices, in any of their own contractual arrangements, in all services or accommodations which they offer to the public, and in any of their other business operations, (Yd) they will provide the information required by or pursuant to said Regulations to ascertain compliance with the Regulations end these assurances, and (iii) their noncompliance with the nondiscrimination requirement of said Regulations and these a urancea shall constitute e breech of their contractual arrangements with the Recipient whereby said arrangements mqv be cancelled, terminated Cr suspended in whole r in part or may be subject to enforcement otherwise by appropriate legal proceedings"; (b) that it will secure the Compliance, And t d cooperate actively with EDA in obtaining and enforcing the compliance, of Toad contracting par�wtn the nondiscrimination required by the Act and Regulations and their respective contractual arrangements, and in the event the City of Bangor becomes involved in litigation with a non -complying party, it may request EDA to enter Into such litigation W protect the interests of the United States in the enforcement of these obligations; and (e) it will obtain and furnish to the Assistant Secretary for Economic Development such infor- mation as he may, require for the supervision or securing of such compliance. 4. That where EDA's financial assistance to the City of Bangor is to provide: (a) real arty or structures thereon,the City of Bator's assurances Thal a OEM act penod dur which the real property or structures are used for a purpose for which the assistance is extended o for Another purpose involving the provision of similar services or benefits; (b) personal property, the assurances shall be in effect for so long as the recipient retains ownership or possession of the property, but in any ant the time shall not be lees than the term of the loan and any exten- sions thereof, and (c) any other type or form of assistance, the assurances shell be In effect for the duration of the period during which the assistance is extended to the program. 5. That any failure by the City of Bangor to comply with these assurances shell constitute a breach of the agreement under which the City of Bangor receives financial assistance from EW, that in such case of breach the Government may refuse to make further disbursements Order said agreement, may accelerate the maturity of the Recipient's financial obligations to the Department, and may take ant other enforcement or remodial action or remedies provided in theAct and the Department's Regulations or otherwise by law, which action shell be severable and cumulative; and that the enforcement by the Covers - sent of one or more rights shell not be prejudicial to its right to obtain Judicial relief and/or take any other actionavaileble under the Act, Reg- ulations, and City of Bangor's agreements with the Department. 6. That it will comply with the provisions with Section 112 of P.L. 92-65, Public Works and Economic Development Act Amendments of 1971, Mich states that: "No person inthe United States shell, on the ground of sex, be excluded_4xom participation in, be denied the benefits of, or be subjected to discrimination under ary program or activity receiving Federal financial assistance under the Public Works and Economic Development Act of 1965." 7. Met these assurances shall be binding upon the City of Bangor, its grantees, assignees, transferees, lessees, and successors in interest. S. the City Wenger is hereby authorized to execute an behalf of and to bind the City of Bangor to, the Assurances of Compliance with the llepertment of Commerce Regulations under Title VS of the Civil Rights Act of 1964" (Form ED -503) and the Addendum thereto. . _ ED.Scal U.S. DEPARTMENT OF COMMERCE Nome of Is,]... one U.11111ASSURANCES OF COMPLIANCE WITH THE DEPARTMENT OF City tad sore COMMERCE REGULATIONS UNDER TITLE VI OF THE V11RI, No. CIVIL RIGHTS ACT OF 1964 City of Bangor (hominurm called the "ReCi paent") hereby wartentq covenmea, agteea, earners, endundertaku that as esecipimtof Federal fineacial mausoleum, form Ae Erommack Development Adminisvr m foe She Project above identified, it will comply with Title VI of the Civil Rifles Ace of 1964 (P.L. 88-352), the mqurm,mr, imposed by or premium o Regular mil be the lopurruent d Camm,esod designated as Put 8 of Subtule A of Title 15 of the Code of Fedeent RegmI,d na, a ropy of which is attached berem, no the end ehac an person in the United &area ,bell an She demand of once, color, or national wigio be excluded ham pmicipmim it, be denied the benefits elf, or be otherwise subjem to diacitminacion under any proyam or xctiviry far which the Recipient receives Federal financial ... mantle from EDA; and hereby father give, ",metals that IT well immedu ely take any measures necessary to Alecum, due agreement. Iv occur] Rich such assurances, and without limiting the-abov, the Recipient agrees: 1. Thu it will nor engage in She di Timm aw, prohibited in subparagraph (1), (2), u (3) a Section S.6(b) of the De- gucmenc's RegulNma as applicable to its pmgmm, andira any prohimmd act or cause of coumt with respect thereon m further described in Secure 8.4 of the Department's Regulations. 2. That a, to employment practices it will tame the sellersspecified ie Section 8.5(6)(2) of the Depumrtnt-, Reguln- 3. That it recognizes its obligation fur compliance with Title VI and the Regulations extends not only m its direct activities We rano iv mmrd with Portion 8.5(6X4) of ,aid Regulations w assure that, where applicable, the cc,- reactor,, m subcontmcm, suppliers, lessee,, sad other parties duectly participating in the Recipient's project will comply with Title VI end the Regaled.. Rich respect to each project. To that end, the Recipient agteea; (a) chat it will obtain as put of its utr"mml arrangements with such pwd"' as a minimum fears of ",our mese, their ague- _ meat In writing that each parties, their assignee, and successors, "during andin @mectim with the associated agreement coheres to the Federally asai mul program, (i) will comply, to She extent applicable, as cuoummrs, mbrovvactom, lessees, suppliers, or in tray other capacity, with the applicable provisions of the Regulations, of She United Star" Depam t of Commerce (Pen 8 of Subtitle A of Tide 15 of the Code of Federal Regulation.) issued pm - Tide VI of the Civil Rights Ace of 1954 (P.L. gd-352), nd will no: themby discriminate against st any person an the Second of met, color, of national origin in theft employmem practices, io any of them own comeaceual mmngemenes, in all au,iae sir accommodations which they offer to rhe public, and m any of their other Immumsa operations, (ii) they will pmaide the information rm quved by or put said Regular Compliancewith the Regula mm Shea and (i11) rheic noocomplivue with the mndisuiminadm requiremenc, of avid Regula. md dose assurances shall constitute a breach of chew contractual Arrangements with the Re. ,ipiem whereby said moagemeon may be comm led, cerminued m smpmaled in wholeor he pmt or may be aubject to enforcement Otherwise by appmprkee legal proceedings"; (b) that it will ..cure the compliance, mad consist and cooperaRS actively with EDA in cloaking and enforcing the amplimce, of said contracting pewits with the amoiscriminu ter rtquimd by the Act u,d Regulatkm, sad their ropative contractual armvgcmevm, au io 6, event She Recipieu becomes Walked iv litigation with a nan- o ¢plying puny, it may request EDA to later into Each litigation an protect the interests of the United Star,, in the eNorcemmt of these obligaemua; au (c) is will btaw and furnish to the Assismn: Secretary for Economic Development such infmmanoft as he may requite fm the supervision or securing of such compliance. A That where the Recipient is an institution referred to in Section 11.5(6)(9) d the Deputation's Regalaeima, the pro- melon, of that 8ecrioo will be applicable to the Recipient's program. sea, I Iwwl umowt«oc aaeso-aaa 5. That whore ERA's financial assistance to the Recipient is no pcoaide: (e) rest panpvry or stmcmeea there", he Recipient's assurances shall be in effect fm the period Acting which the teal Willett or continues arc used for e purpose for which the aincome, stended oc for other peopnae volving the pro of shelf as benefits; (b) personal propary,oheassureneo shall be in elect for so long as therecipiene cruise ownership or permission of the property, but in any event the time shah me be less illi the term of theloan and soy lam- a thereof, and (c) any other We or form of a , the season... .hall M it e(hct fm the dmwon ef rhe period during which the marionette is exceeded to the program. - 6. That any fallen by the Recipient to comply with ¢hese announce, shall c"vim¢ a breach of the economists under which the Recipient receives financial assistance from EDA, that In such case of hatch the Guveeomene may in- fuse an make With,, distimsemeats miler said agemment, may acroissant the mawiry of the Recipient', financial obligations not the blepsnmenq aMmry cake any other enforcement or mmedi,f acted or mmediea provided it the Act and the Department Regulations as Otherwise by low, which also shall be ¢evocable i and militiaman; and that at, eat .. want by rhe Govmmmmir of one or mormAgba shall ora M prejmW,id m its light to obtain judicial relief and/o, take my mhe, action available made, the Ace, Regulations, and Retipimt's agrewnm with the an' parallel. ]. Thar these testament shall he Wading rpm the Recipient, iosirmarees, aaegnees, amdereea, lessees, and mo- cams" s in innocent. Tee Recipient aromwledges that lc has received and read -cine Department's Regulations. This inamorata is made and integral 61, 4th - day of Tuna ,19-ZL, it Bangor City of Bigrajor By Merle F. Goff ..mel City Hall, 73 Harlow St. Clty Manager wea.q Milt.) (209) 1 m949-034_ ,7-0 41 r I. if 40' Alvera Byaid ,a. Secretary of x (X Na. a corporation organized and eaiaug by also, of the laws a the Elite of woof the Sate of m Alsto 3'aelr,Iwo of the cuunry or mmicipaliry of City of Bangor in the Sete of Maine , An he&by certify that 4 fa vving Walter who eaecaed dis arm umce heafull mehmiry ro bind she Recipient. W wimess whe,ral I set my had and ofix the corporate, star,, or municipal seal Au 4th day of Tune , h9 95 - or (SEAL) winner eWna maaam ..rage] r.w...sr,nma.ew, UNST'HD STATES DE1)AJGiJ1l1T OF CONW114TE Econamic Development Administration This ADDENDUH is to be executed and attached to Form. £D-503 and to Form ED -503A - To Farm ED -503: Assurances of Compliance with the Department of Conmerce Regulations Under Title VI of the Civil Nights Act of 1964, to be executed by Applicants} and to Form ED -503A, Assunancee of Compliance with the Department of Commerce Regulations Under Title VI of the Civil Rights Act of 1964, to be executed by Substantial and Direct . Beneficiaries of FDA Public Works and Technical Assistance. 1. The reference in numbered paragraph 1. to "Sections 8.4 and 8.6(b)(1), (2) and (3)" s deleted and the following reference substituted in lieu thereof: "Sections 8.4 and 8.6(a)." 2. The reference in numbered paragraph 4. to "Section 8.5(b)(9) is deleted and the following reference substituted in lieu thereof: 'vection 8.5(b)(10).^ 3. By execution of Forms FD -503 and FD -503A, Recipients and Substantial and Direct Benoficinrics fee.hen agr c to comply with the provinons of Secticn 112 of Fablic law 92-65, public Works and Economic Davelopment Act Amendments of 1971, Which states that: "No carbon n the United States shall, on the ground of sex, be excluded m froparticipation in, be denied the benefits e r be subjcetad to discrimination under any progr::m or activity r - g Federal rinanaisl. assistanco under the Public works andEconwac Development Act of 1965." 4. This ADDL-.1ili: is hereby incoryoratod by xaforanco >_ -.,ort rt of earn ED -503 0 Fora !LD -503A executed by the undersigned an the gtb day of Imp , 19'/5_.- Cita of Bangor By: Merle F. Goff City Hall, 73 Harlow St. City Manager Address Title June 4, 1975 _ _ _ _ _ _ _(Wtc_ _ _ _ _ _ _ _ _ data rc_ _ 11 _ _ _ - CERTIFICATION - 1, _ Alvers Byards Sac mtmy of X%%YX% Inc., a corporation o enieed and a fisting by virtue of the laws of the State of or the (antnon zod official) State of i or as City Clerk of the county or City of Bangor authorised official) municipality of g in the State of do hereby certify the foregoing officer Who executed the Assurance has full authority to bind the Recipiant/Boneficiary. In witness whureof, I set nq hand and affix the corporate, state or aunicival seal this 4th day of Tun 1 197 5 _ seal ' g Secretary or other Offi§ al Note: The certification must be executed by -a different corporate officer than the person who signed Form ED -503 or Fact FL -503A or the Addendum. However, the certifl- cation is not required to be executed on Farm FU -503A or no Addendum when the sencnoioW du a single owner or a leirtnership. PART III SECTION B Calculation of Federal Grant Item No. 1 Administration Expense Project Coordinator $ 15,000 Construction Supervisor 91000 Foremen (3) 24,000 Accountant -Typist 7,000 Fringe Benefits 36,500 Office supplies 51000 Field Supplies 8,500 - Office Space 11000 $106,000 Item No. Il Unskilled labor $188,750 Material 22,000 $210,750 Item No. 12 $ 43,250 Total _ $360,000 Bangor, obs sneer of Maine -abs Gat" no Mainly Nora Woods and Searbore Rands (Duo of Paltsor, AR6ft PLANNING DEPARTMENT June 4, 1975 W: Honorable city council FROM: Planning Board RE: Amending Zoning Ordinance, East aide of Kenduskemg Avenue. Council Order 212 AC. gentlemen: Please be advised that the Planning Board held a public hearing on the above Clans, June 2, 1975. Me Board considered the request for a change of zoning. They considered the proposed use of the area, the soning of adjacent lands, the changes as result of the revised zoning ordinance and those oppasad tothechange. after considering the uses within the az and the effect such a change wad have the Planning Board voted unanimously to approve the request for a zone ehange. /fs�/ Carl J.s decd Planning Director CJH:ns